BILL NUMBER: S3188
SPONSOR: PERSAUD
 
TITLE OF BILL:
An act to amend the public health law, in relation to physician charges
for missed appointments by patients
 
PURPOSE:
To restrict charges to patients for missed appointments and to require
diSclosure to patients of physicians' policy regarding such fees.
 
SUMMARY OF PROVISIONS:
Section one of the bill would add a new section 19a to the public health
law.
Subdivision one prohibits physicians from charging patients' fees for
missed appointments where the patient has given at least a one-hour
notice of cancellation or rescheduling of the appointment to the physi-
cian.
Subdivision two states that where a physician's policy is to charge a
fee for missed appointments, advance written notice of the terms of such
policy shall be prominently posted in the patient waiting room of the
physician's office and periodically included with bills mailed to
patients. No fee may be charged without such advanced written notice.
The subdivision also states that no physician shall charge a fee if a
patient waited longer than one hour after their appointment time and was
not seen by a physician or the patient arrives on time for the appoint-
ment and was not seen. A patient most also be notified if the waiting
time is approximately forty-five minutes or more.
Subdivision three provides that this bill is not authorization for
physicians to charge fees for missed appointments where such fees are
otherwise prohibited by rule, law, regulation, practice or where such
fees are deemed to be unethical.
Subdivision four provides that violators shall be subject, after oppor-
tunity for a hearing, to a fine of up to two thousand dollars pursuant
to subdivision two of section twelve-b of this article. The physicians
shall also refund to the patient the amount collected as a fee for a
missed appointment.
Section two of the bill provides the effective date.
 
JUSTIFICATION:
Currently, physicians may charge fees to patients for missed appoint-
ments. Many physicians require patients to cancel or reschedule appoint-
ments at least 24 hours in advance. While this requirement seems reason-
able it is not always possible. There are many situations where
emergencies arise which necessitate cancellations on less than 24 hours'
notice. For example, a child may be injured at school or sick at home
requiring a parent to cancel a scheduled appointment. Also, employers
may cancel or not allow leave time to visit the doctor. Finally, the
elderly, who may be forgetful or may lack adequate transportation may be
disproportionately affected by these fees. Some physicians may waive
these fees while others may not. The decision to impose these fees is
often in the hands of individual office managers and may be charged or
waived on a case-by-case basis.
This bill would establish a unified standard for these fees throughout
the state and it would also protect health care consumers from unfair
charges.
 
LEGISLATIVE HISTORY:
2023-2024: S2380A Referred to Health
2021-2022: S5863A Referred to Health
 
FISCAL:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of the calendar month next
succeeding the sixtieth day after it shall have become a law and shall
apply to all appointments scheduled to occur on or after its effective.